Whether my L1 period will be counted with fresh H1 B


I got my L1 visa in 2010 October and came to US on Nov, 2010 and stayed still Nov, 2013.
My company applied L1 extension for me in Nov 2013 but my exntension got denied and I went back to India
in Dec 2013.

My company applied Fresh H1 for me in Apr 2014 and I got selected in lottery and came to Us in H1 B on Apr 2015

Please let me know the below

  1. Whether my L1 period will also be considered in my Fresh H1 and I can stay only 3 years in H1 ? (Total L1 + H1 = 6 years )
  2. Whether my clock will be reset as I stayed outsided US for one year from (Dec 2013 - Apr 2015) and I can use my H1 for complete 6 years irrespective of the period of stay in L1 ?

Please advise

From one of the experiences shared by another member, clock is not reset as your H-1 was applied before you completed 1 year stay outside US. So you will receive only 3 years of H-1, but can go for further extensions once your green card process has reached a certain stage.

Saurabh: Here is my opinion, correct me if I am wrong: Even though the new H1B was applied below the one year wait time, the candidate didnt get into the H status for more than one year gap. So, technically, the clock gets reset and this candidate may get full 6 years of H status.

ImmiGeek: Even I thought so. However, someone received RFE recently informing them that their clock has not been reset b/c it was applied before 1 year cool-off period.

Many USICS decision(in particular most of the RFEs) are the side products of the not-fully-grown immigration officers personal interpretation of the law. I guess the these are contestable decisions. As long as a non-immigrant didnt use a given status, such time cant be counted in that status for that non-immigrant.(this is the basis for status catch up when we are extending H/L status close to 6 years).